E22.0 Policy on Financial Exigency

Only the board of trustees, whose legal duty is to manage RIT, may declare a state of financial exigency. If the board determines that a state of financial exigency exists, the president will call a meeting of the entire campus community within one week and outline the situation and the range of remedies being considered. Within one week after this meeting, the Academic Senate, Staff Council and the Student Government may present their views, relevant to the state of financial exigency, to the president. Any opinions in dissent from the views presented by the Academic Senate, Staff Council and Student Government may also be forwarded to the president. The president, after consultation with a select committee of the Academic Senate and the University Council, which shall include at least three faculty members, one staff member and one student, shall respond to these recommendations before remedies are put into effect.

Termination of a Faculty Member Due to Financial Exigency

If financial exigency as declared by the board of trustees of the university results in the termination of a faculty appointment before the end of a specified term or release of a tenured faculty member:

The president, after consultation with the Administrative Council, Deans Council, Intercollege Curriculum Committee, and Graduate Council, will determine those programs that will remain intact and the number of faculty reductions required in other programs which will be eliminated or reduced because of the financial exigency. Deans and their college tenure committees will recommend specific faculty who will be retained in programs which are to be reduced. The final decision as to which faculty will be terminated will be made by the president.

The president will give notice within 60 days from the declaration of financial exigency to those faculty who will be terminated. From the date of notification of termination:

tenured faculty who are to be terminated will continue to be employed (or receive equivalent salary and benefits) for ten months.

tenure track faculty, with two or more years of service, who are to be terminated will continue to be employed (or receive equivalent salary and benefits) for six months.

The appointment of a tenured faculty member shall not be terminated in favor of retaining a non-tenured faculty member except in the case where the termination of the non-tenured faculty member would seriously distort the college's academic mission. The decision on termination in such cases should be made by the dean in consultation with appropriate faculty including the college tenure committee.

In cases of termination due to financial exigency, the position or similar position of a tenured faculty member will not be filled by full- or equivalent part-time appointments within three years, unless the released tenured faculty member has been offered reinstatement at the same position title, tenure status, and at least the same salary as at the time of termination and given one month in which to decide to accept or decline the offer. In the event a part-time appointment to teach the same or similar courses arises within one year of termination, the part- time appointment must be first offered to the terminated tenured faculty member.

A tenured or tenure track faculty member who alleges that the policies and procedures set forth above (1, a-d) have not been properly applied may seek review of the alleged violations through the appropriate grievance procedure (E24.0).